Post presentation Note
“Patent and IP Rights: Imperative for start-ups success”
Special Guest
Mr. Jatin Trivedi (Senior Partner, Y.J Trivedi & Co. )
Moderator
Mr. Amit Saluja (Senior Director NASSCOM & Center Head)
Key Takeaways
- “In today’s world, though we are talking about IPR and Patents or Innovations, the question is how to bring creativity out of these narrow confines so that everyone benefits.”
- Creativity and innovation are the new drivers of the world economy. The policies adopted by a country shall determine the nation’s wellbeing and further as to how it is developing the trapped intellectual capital.
- Patent is the best tool for startups to demonstrate and protect your innovations
- Once granted, a patent gives the inventor the right to exclude others from making, using, selling, importing or offering for sale the invention for the duration of the patent term.
- Around 6000 IoT patents filled in india during 2009 – 2019. Over 5000 IoT patents filed during 2014 – 2019. 13 % of these patents were filled by IT/ITES companies.
- Over 80% of IoT patents filed were related to industry 4.0 applications. Healthcare and automobile industry lead the industry 4.0 patent filling. Growth drivers for IoT in recent years has been a) Increasing internet bandwidth and availability b) Growing number of devices with built in sensors c) steep rise in smartphone usage d) Declining technology costs
- Copyright is one of the key branches of IPR family which protects the expression of ideas. For a work to gain copyright, it has to be original and should be expressed in a material form. Copyright is thus effective upon creation of the work
- Design protection deals with the protection of a unique industrial design, shape, or ornamental look of an article. The design should be new or original, not previously published or used before the date of application for registration.
- Case analysis of “Grooveshark” to understand copyright infringement , case analysis of “Kodak” to understand a rise from the ashes of company, quintessential Patent success story of Mitticool Products & how Starbucks being a giant brand had to give up over the name ‘duffin’.
- “Owning the intellectual property is like owning land: You need to keep investing in it again and again to get a payoff; you can’t simply sit back and collect rent”.
- Employer would have the first right on IP because, IP created by an employee at work will be deemed to have been done in the course of employment. In the case of unpaid internships, IP rights would be awarded jointly.
- Before filing patent, startups should do detailed prework. Extensive patent search will help startup to make sure that their invention is unique before spending time and money to obtain a patent.
- Charges for filling IP rights depends largely on the kind of protection solicited under the law, as well as the technology or process involved. Governments in India in recent years has drawn schemes where the charges occurred during filling of IPR are covered extensively.
- Software can be protected under Patents law when it falls under the purview of computer program and not within the purview of computer program per se. When the subject matter of the software program for which the protection is sought upon examination transcends this per se status (i.e something beyond a computer program) then it becomes patentable. Accordingly, an invention may be patented with software forming a component of the invention. And if they are purely a ‘computer program’ per se than it can be protected under ‘Copyright law’.
